Labor Disputes

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Overview
Case & Project Experience
Associated Professionals

Hemming Morse has advised both classes of and individual employees, government agencies, and large corporations in a wide array of labor-related disputes. This experience extends to a range of industries, including retail, restaurants, courier and delivery services, healthcare, professional services, and transportation. As a result, we are deeply familiar with the complex issues involved in high-stakes wage and hour matters, including overtime, off-the-clock work, meal and rest breaks, employee misclassification, and expense reimbursement. Our breadth of knowledge and targeted experience, as well as our ability to analyze large, complex data sets, enable us to efficiently and effectively calculate damages and related penalties or to assess potential exposure.

Our professionals have been recognized for their expertise and have consulted on and/or testified in over 400 matters involving wage and hour-related disputes, including those arising under the FLSA, the California Labor Code, PAGA, and various other state labor laws. Our professionals have also served as court-appointed damages experts.

Calculation of Damages for Overtime Pay Violations

Hemming Morse was engaged by counsel in a class action in which 2,400 claims representatives sued an insurer for overtime pay violations. We calculated overtime on a person-by-person basis using payroll records and an average figure of overtime hours per week and aggregated the individual calculations into a class-wide total. The jury unanimously returned findings that corresponded closely to our calculation of unpaid time-and-a-half overtime on base salary and that accepted our calculation of unpaid double time overtime compensation.

Calculation of Damages for Employees Misclassified as Independent Contractors

Hemming Morse was engaged by counsel in a nationwide, multi-district litigation in which drivers sued a parcel delivery company for misclassifying them as independent contractors. We calculated damages related to overtime using scanner data as proxy data for hours worked, as well as out-of-pocket business expenses for over tens of thousands of drivers in 20 states.

Calculation of Damages for Living Wage Ordinance Violations

Hemming Morse was engaged by counsel in a class action in which production and stockroom workers sued their company for violations of a living wage ordinance. We calculated back wages and unpaid compensatory time off benefits, assuming the living wage ordinance applied to all hours worked by employees who were covered by the ordinance.

Calculation of Damages for Violations of the California Labor Code

Hemming Morse was engaged by counsel in a class action in which California flight attendants sued an airline for violations of multiple provisions of the California Labor Code. We calculated damages related to unpaid hours worked, overtime premiums due, and meal and rest break premiums, as well as inaccurate wage statement penalties, waiting time penalties, and various PAGA penalties.